INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the requirements for submitting an information by telephone or other means of telecommunication for a search warrant.
SECTION WORDING
487.1(4) An information submitted by telephone or other means of telecommunication shall include (a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a justice; (b) a statement of the indictable offence alleged, the place or premises to be searched and the items alleged to be liable to seizure; (c) a statement of the peace officer’s grounds for believing that items liable to seizure in respect of the offence alleged will be found in the place or premises to be searched; and (d) a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge.
EXPLANATION
Section 487.1(4) of the Criminal Code of Canada outlines the requirements for obtaining a search warrant through remote communication, such as by telephone. This section specifies the information that must be included in an information submitted by the peace officer seeking such a warrant. This information must include the circumstances that make it impractical for the peace officer to appear before a justice in person, such as an emergency situation or the unavailability of a justice. Furthermore, the information must also include a statement of the alleged indictable offence and the location or premises to be searched, along with the items believed to be liable for seizure. The peace officer must provide the grounds for believing that these items can be found in the place or premises to be searched. Additionally, the officer must also mention any prior applications for a warrant under this section or any other search warrant in connection with the same matter that they are aware of. Overall, this section ensures that the information provided for obtaining a search warrant through remote communication is comprehensive and meets the necessary requirements to obtain a warrant. The section also ensures that peace officers do not abuse their power and that such communication is only used in limited circumstances where appearing before a justice in person is impractical.
COMMENTARY
Section 487.1(4) of the Criminal Code of Canada outlines the requirements for submitting an information for a search warrant by means of telecommunication. This provision enables a peace officer to obtain a warrant for a search and seizure without physically appearing before a justice of the peace. The legislation acknowledges that it may not be practicable or feasible for a peace officer to appear in person, and provides an alternative method to obtain a search warrant. This section includes certain important requirements that must be met before a warrant can be granted. Firstly, the peace officer must provide a statement of the circumstances that make it impracticable to appear before a justice in person. This requirement ensures that the use of telecommunication to obtain a warrant is only used when necessary. Secondly, the peace officer must provide a statement of the indictable offence alleged, the place or premises to be searched, and the items alleged to be liable to seizure. This requirement ensures that the warrant only authorizes the seizure of items that are relevant to the alleged offence. Thirdly, the peace officer must provide a statement of the grounds for believing that items liable to seizure in respect of the alleged offence will be found in the place or premises to be searched. This requirement ensures that there is sufficient evidence to support the issuance of a warrant, and that the search is not a fishing expedition. Finally, the peace officer must provide a statement as to any prior application for a warrant under this section or any other search warrant, in respect of the same matter, of which the peace officer has knowledge. This requirement ensures that the justice of the peace is aware of any prior applications for a warrant in relation to the same matter. Section 487.1(4) serves an important purpose in enabling law enforcement officers to quickly obtain a warrant for a search and seizure. This provision is particularly useful in cases where time is of the essence, such as in cases involving drugs or firearms. The provision also recognizes the importance of technology in modern policing, and enables officers to make use of telecommunication to obtain a warrant. However, it is important to ensure that the requirements of this provision are strictly adhered to, and that the use of telecommunication to obtain a warrant is not abused. The provision is subject to judicial scrutiny, and any misuse of this provision may result in evidence obtained through the warrant being excluded from evidence. It is therefore essential that peace officers exercise due diligence in preparing the application for the warrant, and ensure that all the requirements of the provision are met. In conclusion, section 487.1(4) of the Criminal Code of Canada is an important provision that enables the use of telecommunication to obtain a warrant for a search and seizure. This provision serves an important purpose in modern policing, and enables law enforcement officers to quickly obtain a warrant in cases where time is of the essence. However, it is important to ensure that the requirements of this provision are strictly adhered to, and that the use of telecommunication to obtain a warrant is not abused.
STRATEGY
Section 487.1(4) of the Criminal Code of Canada provides a legal framework for the issuance of search warrants by telecommunication means. Telecommunication search warrants are considered a useful tool for peace officers, especially in situations where circumstances make it impracticable for the officer to appear personally before a justice. However, there are strategic considerations when dealing with this section of the Criminal Code of Canada. Here are some of the strategic considerations and some strategies that could be employed: Understand the purpose and conditions of the section To exploit the full potential of this section, peace officers must understand the purpose and conditions of the section. They must know when it is appropriate to apply for a telecommunication search warrant and the supporting information they need to provide for the warrant. They must also be aware of the limitation of this section regarding the type of offences and the conditions under which a warrant can be issued. Gather compelling evidence To secure a telecommunication search warrant, peace officers must provide compelling evidence of an indictable offence and the existence of items that are liable to seizure. As such, peace officers must gather and present strong evidence that paints a clear picture of the situation at hand. Gathering solid evidence strengthens the application for the warrant and mitigates any possible objections that could arise during the process. Ensure accuracy and clarity To avoid any issues during the application process, peace officers must ensure that the information provided in the submission is accurate and clear. Errors or inconsistencies in the information can lead to the rejection of the warrant or weaken the application, leading to the issuance of a less effective warrant. Further, having clear and concise information allows the justice to make informed decisions, leading to a more effective search warrant. Consider the urgency of the situation Urgency is one of the conditions under which telecommunication search warrants can be issued. As such, peace officers must consider the urgency of the situation and act swiftly when seeking a warrant. Delaying the process could lead to the destruction of evidence or the risk of the situation deteriorating rapidly. Collaborate with other agencies Collaborating with other agencies can help to gather the necessary information and strengthen the application for a telecommunication search warrant. When different agencies share information, they can present a more informed and robust application for a warrant. Conclusion In conclusion, Section 487.1(4) of the Criminal Code of Canada provides a legal framework for issuing search warrants by telecommunication means. To exploit the full potential of this section, peace officers must consider the strategic considerations mentioned above. Gathering compelling evidence, ensuring accuracy and clarity, considering urgency, collaborating with other agencies, and understanding the purpose and conditions of the section are some of the strategies that peace officers can employ when dealing with this section of the Criminal Code of Canada.